Sexual Assault by Persons with Supervisory or Disciplinary Authority
When most people think of sexual assault, they imagine a situation in which physical force or threats are utilized to force a victim into nonconsensual contact. In Georgia, there is a lesser-known form of sexual assault that involves sexual contact between someone with supervisory or disciplinary authority and a person under their power. This law prohibits sexual contact between teachers and students, law enforcement officers and detainees, hospital workers and patients, psychotherapists and those they treat, and several other categories. The reasoning behind this prohibition is that those in positions of authority may take advantage of the unequal power dynamic and coerce those subordinate to them into a sexual relationship. The statute states explicitly that consent is not a defense.
A conviction for sexual assault can carry a lengthy prison sentence and a heavy fine, in addition to mandatory registration as a sex offender. If you have been accused of or charged with this offense, it is critical that you retain an attorney as soon as possible. Kimberly Berry is an aggressive defense attorney experienced in sex-related crimes. She will serve as your advocate throughout the complicated legal process, laying out your best options at every step. The sooner you have a defender in your corner, the better, so contact the Berry Law Group today.
What is Sexual Assault by Persons with Supervisory or Disciplinary Authority?
The state of Georgia defines the offense of sexual assault by persons with supervisory or disciplinary authority (O.C.G.A. 16-6-5) as occurring when there is “sexual contact” between:
“a teacher, principal, assistant principal, or other administrator of any school” and an individual whom the person “knew or should have known is enrolled at the same school” in which the term “school” is defined as “any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used”;
“an employee or agent of any probation or parole office” and an individual whom the person “knew or should have known is a probationer or parolee under the supervision of the same probation or parole office”;
“an employee or agent of a law enforcement agency” and an individual whom the person “knew or should have known is being detained by or is in the custody of any law enforcement agency”;
“an employee or agent of a hospital” and an individual whom the person “knew or should have known is a patient or is being detained in the same hospital”; or
“an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, . . . or a facility providing child welfare and youth services.”
The law also prohibits sexual contact between psychotherapists and their patients. It states that “a person who is an actual or purported practitioner of psychotherapy commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling or the actor uses the treatment or counseling relationship to facilitate sexual contact between the actor and such individual.” The term “psychotherapy” is defined as “the professional treatment or counseling of a mental or emotional illness, symptom, or condition.”
The statute defines “sexual contact” as “any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor.” The term “intimate parts” refers to “the genital area, groin, inner thighs, buttocks, or breasts of a person.”
Punishments for Sexual Assault by Persons with Supervisory or Disciplinary Authority
A conviction for sexual assault by persons with supervisory or disciplinary authority carries a sentence of one to twenty-five years in prison and/or a fine of up to $100,000. The penalty can be lighter or harsher depending on the specific circumstances. If the victim was under the age of sixteen years, the perpetrator faces a sentence of twenty-five to fifty years in prison. However, if the victim is between fourteen and sixteen years old and the perpetrator is eighteen or younger and no more than four years older than the victim, the offense is charged as a misdemeanor rather than a felony.
What Can a Sex Crimes Defense Lawyer Do For You?
Being charged with a crime can be a stressful, disorienting experience. The threat of prison time and other serious consequences can be frightening. Kimberly Berry is a seasoned defense attorney who can help you navigate the legal process. She is a fierce defender of those who have been unfairly charged and will do everything in her power to achieve the best outcome in your case. It is up to the prosecution to prove guilt beyond a reasonable doubt. In cases of sexual assault by persons with supervisory or disciplinary authority, prosecutors must establish certain elements to gain a conviction. For example, it must be proven that the accused had authority over the alleged victim. Kimberly will review your case and determine your best legal strategy. Contact her today so she can begin working on your behalf.